Duck Republik Student Hotels – General Terms and Conditions

Introduction

Welcome to Duck Republik Student Hotel (hereinafter referred to as "Duck Republik"). We are delighted to have you as our guest and hope you will enjoy your stay with us during your studies abroad. These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") form a binding part of the rental Agreement you will sign upon your arrival. It is crucial to read these Terms and Conditions carefully as they outline your rights and responsibilities and will impact your stay. Please be aware that Duck Republik SIA (hereinafter referred to as "the Renter") may occasionally update these Terms and Conditions. Should any changes occur, we will notify you via email. To ensure you receive these updates, please keep your email address current in our records. We hope you have a wonderful experience at Duck Republik. Enjoy your stay!

1. General Provisions

1.1. The Renter grants the Tenant the right to use the Furnished Room (referred to as the "Room") for the Rent specified in the signed Agreement. The Tenant agrees to use the Room and pay the Rent to the Renter in accordance with the terms and conditions outlined in the signed Agreement.

1.2. The Parties shall comply with these terms and conditions, any annexes, and the laws governing rental relationships.

1.3. The Tenant agrees to use and maintain the property responsibly and will return it upon the termination of the Agreement.

1.4. The Parties agree to fulfill all duties and obligations arising from the terms and conditions, the Agreement, and applicable law in good faith. They will cooperate to ensure the proper performance of these duties and obligations and refrain from any actions that could harm or potentially harm the other Party's interests.

1.5. For the purposes of this Agreement, "other persons allowed to enter the Room under the Tenant's responsibility" refers to individuals who are not Parties to the Agreement but are permitted to enter the Room by the Tenant.

2. Object of the Agreement

2.1. The Agreement covers only the furnished Room. The rent paid is for the Room itself and does not include access to other areas of the Duck Republik Student Hotel. However, the Tenant is allowed to use the common areas, such as the Kitchens, Quacktails bar, Gym, Yoga room, Laundry room, and both indoor and outdoor spaces. These common areas are not part of the rental agreement but may be used by the Tenant. The Room and these additional common areas together make up the "Property" or "Duck Republik Student Hotel."

3. Purpose of the Use

3.1 The Room is intended for residential use only, in accordance with Latvian law. Only the Tenant may live in the Room. The Tenant is not allowed to have family members or other guests stay in the Room without obtaining prior approval from the Renter. By signing this Agreement, the Tenant confirms that they have read, understood, and agreed to the Internal House Rules.

3.2 The Room is intended only for the Tenant’s personal residence and for keeping their personal belongings. The Tenant is not permitted to conduct any economic or professional business activities in the Room without obtaining written consent from the Renter.

4. Period of the Agreement and price policy

4.1. The Renter offers lease terms in the following time slots, suitable for degree students, exchange students, young professionals, and others:

4.1.1 Autumn Semester: September 1st to January 31st (5 months)

4.1.2 Spring Semester: February 1st to June 30th (5 months)

4.1.3 Full Academic Year: September 1st to June 30th (10 months)

4.1.4 Full Year: September 1st to August 31st (12 months)

For requests outside these dates, please contact support@duckrepublik.eu

4.2 The Tenant may conclude a new Agreement by sending a written request to the Renter at least 30 days before the current Agreement ends.

4.3 The Tenant may move in before the start date of the Agreement or move out after the end date by notifying the Renter in writing at least 30 days in advance. The Renter will approve such requests based on availability and the Tenant’s agreement to pay the market daily rate for the additional period.

5. Handing Over

5.1 The Room will be handed over to the Tenant on the date specified in the Agreement, known as the “Contract Start Date” or “Move-in Date.” If the Room is handed over to the Tenant on a date different from the Contract Start Date, that actual date will be considered the “Handover Date.”

5.2 For the purposes of these terms and conditions, the handing over of the Room to the Tenant is defined as providing the Tenant with the set of keys and granting them actual possession of the Room. The Renter will hand over the Room to the Tenant on the date the Agreement takes effect, unless a different date is agreed upon by both Parties.

5.3 When the Room is handed over to the Tenant, both Parties will complete and sign a Deed of Delivery and Receipt of the Room. This document, along with the following items, will be Annex 1 to the Agreement and will form an integral part of the Agreement:

5.3.1 The Deed of Delivery and Receipt of the Room will include a detailed list of items in the Room, noting their value and condition at the time of delivery.

5.3.2 The House Rules outline the regulations and expectations for the Tenant’s behavior and use of the Property. These rules are designed to ensure a safe and pleasant living environment for all residents and must be followed by the Tenant during their stay.

5.3.3 The Move-In Inspection Report documents the condition of the Room and its contents at the time of move-in. It includes details on the state of the Room, any existing damage, and the condition of furniture and fixtures, establishing the baseline condition for future reference. 

5.3.4 The Fire Safety Questionnaire provides essential information and guidelines on fire safety procedures within the Property. It includes instructions on emergency exits

5.4 Check-in time begins at 15:00. A late check-in fee of €20 will be charged for arrivals after 23:00.

5.5 Check-out time is by 16:00. A fee of €50 will be deducted from the security deposit for late check-outs. Check-out is considered complete when the room key is returned to the administration at the same state as handed over at the start of the agreement.

5.6 A room inspection will be conducted both at the time of move-in and at the time of move-out.

6. Rent

6.1 The Rent for the Room is specified in the signed Agreement.

6.2 The Renter reserves the right to increase the Rent once per calendar year. The Tenant will be notified of any rent increase at least 30 days in advance, including the date when the new rent amount will take effect. If the Tenant does not agree with the new rent, they may cancel the Agreement without any financial penalty by notifying the Renter at least 30 days before the new rent takes effect.

6.3 If the Rent is increased, the Tenant must pay any additional amount required for the security deposit or provide an additional security deposit by the first due date of the new, higher rent.

7. Penalties
Penalties may be imposed for violations of the terms and conditions outlined in the Agreement. These penalties are intended to address breaches of the Agreement and to ensure compliance with the established rules.

7.1. The Tenant will incur additional penalties for the following incidents:

• €100 for smoking indoors, including balconies, within Duck Republik, or for tampering with or covering a smoke detector.
• €50 for littering or disrespecting the outdoor property ● €40 for issuing a new keycard if the original is broken or lost.
• €50 for debt management, if the rent is not received in our bank account by the 10th day of each month from the date the invoice was issued.
• €50 for unauthorized night guests.
• €50 for noise disturbances.
• €100 per person for disturbing the peace between 23:00 and 08:00, plus appropriate penalties for any damage caused to the rooms or common areas.
• €50 for disrespecting or disregarding the House Rules.
• €100 for removal of items from common areas.
• €200 for bringing additional appliances or furniture into the Room without the Renter’s permission.

7.2. No penalties will be issued, but the Agreement will be terminated immediately under the following circumstances:

• Harassment of staff.
• Damage to the property exceeding €250.
• Disturbing the peace more than three times.
• Theft.
• Abusive or physical threats towards Duck Republik staff or other tenants.
• Accrued debt exceeding €500.

8. Security Deposit

8.1. The security deposit is intended to cover claims related to the Agreement that the Renter may have against the Tenant at the end of the Agreement. The amount of the security deposit is typically equal to one month's rent, as specified in the Agreement.

8.2. The Tenant must pay the security deposit to the Renter on the date of booking the Room. If the Rent is increased, the security deposit will also be adjusted accordingly.

8.3. Upon the end of the Agreement, the Renter will refund the security deposit to the Tenant, minus the cleaning fee of €50 per person plus VAT, provided there are no outstanding debts or additional damages to the Room caused by the Tenant. The refund will be processed within 30 days from the Agreement end date.

8.4 The Parties agree that during the Agreement term, the Renter will not use the security deposit to cover any claims against the Tenant. For example:

• Unpaid Rent: If the Tenant misses a rent payment, the security deposit won't be used to cover it until the Agreement ends.
• Utility Bills: Unpaid utility bills won't be deducted from the security deposit while the Tenant is still living in the Room.
• Minor Damages: Small damages or wear and tear during the tenancy won’t affect the security deposit until the end of the Agreement.
• Late Fees: Fees for late rent payments won't be taken from the security deposit during the tenancy.
• Penalties: Fees to cover penalties will not be taken from the security deposit during the tenancy.

8.5 The Renter will not refund the security deposit to the Tenant if the Tenant terminates the Agreement before the contract end date.

9. Procedure for Payments and Late Payments

9.1 Monthly Rent Payments: Rent is due monthly starting from the Agreement's start date until the end of the Agreement.

9.2 Invoice and Payment Deadline: The Tenant must pay the Rent according to the Renter's invoice by the 5th day of each month. If the Tenant does not receive the invoice by the 3rd day of the month, they must notify the Renter.

9.3 Initial Payments: The Tenant must pay the first month's Rent and the security deposit before the move-in date, as specified in the Agreement.

9.4 Debt Management Fee: If a debt management fee is charged, the debt is not considered settled until both the Rent and the fee have been fully paid.

9.5 Payment Confirmation: Payments are considered made on the date the amount is received in the Renter’s bank account.

9.6 Security Deposit Refunds: If the remaining balance of the security deposit is less than the bank transfer fee, it will not be refunded via bank transfer. The costs for international bank transfers will be borne by the recipient.

9.7 Currency: All payments specified in the Agreement must be made in euros (EUR).

10. Rights of the Parties

10.1 Renter’s Rights: The Renter has the right to require the Tenant to fulfill all duties and obligations specified in the Agreement.

10.2 In addition to other rights set forth in the Agreement, the Renter has the right to:

10.2.1 Access the Room: Enter the Room by unlocking the door if necessary to ensure compliance with the Agreement, accommodate new residents, perform urgent repairs, or in emergencies, especially if the Tenant is not present or denies access to the Renter’s employee.

10.2.2 Confiscate Unauthorized Keys: Confiscate keys or keycards from individuals who are not authorized to use them.

10.2.3 Contract with Others: Enter into agreements for the use of the property with other individuals, based on the property's accommodation capacity.

10.2.4 Debt Management Fee: Charge a debt management fee of €50 if the rent is not received in the Renter's bank account by the 10th day following the issuance of an invoice.

10.2.5 Room Relocation: Request the Tenant to move from one twin shared room to another if the Tenant is occupying a twin shared room alone.

10.2.6 Room Assignment: Assign the Tenant to a twin shared room based on the Tenant’s age, gender, and cultural background, if feasible.

10.2.7 Change of Room: Change the Tenant’s room according to the needs of the property.

10.2.8 Prevent Access for Unpaid Debt: Restrict access to the Tenant’s room if the Tenant has an outstanding debt of €50 or more to the company.

10.2.9 Emergency Work: Conduct emergency work in the hotel without prior notice if necessary.

10.2.10 Refuse Service: Refuse service to any individual as deemed appropriate by the Renter.

10.2.11 Contact Authorities: Notify local authorities regarding any illegal activities or concerns known to the Renter.

10.3 In addition to other rights set forth in the terms and conditions, the Tenant has the right to:

10.3.1 Access to the Room: Demand that the Renter provides access to the Room and a set of keys, provided there is no outstanding debt.

10.3.2 Information About the Room: Request information relating to the Room and its use from the Renter.

10.3.3 Room Change: Request a room change, if possible, for a service fee of €50.

10.3.4 Parking Access: Demand access to parking facilities for a fee of €30 per month.

11. Duties of the Parties

11.1. The Renter undertakes to:

11.1.1 Provide the Tenant with access to the Room, including one set of keys.

11.1.2 Invoice the Tenant for the Rent.

11.2. The Tenant agrees to:

11.2.1 Use the Room and common areas responsibly, adhering to the terms and conditions.

11.2.2 Maintain the Room and common areas clean and tidy at all times.

11.2.3 Allow the Renter unlimited access to the Room.

11.2.4 Refrain from causing harm to the property. "Harm" includes any tangible or intangible damage that reduces the property's value or interferes with its use. "Physical harm" excludes normal wear and tear.

11.2.5 Follow all instructions, directives, and rules set by the Renter’s representative, including internal accommodation rules, fire safety rules, and other relevant guidelines.

11.2.6 Clean the Room and common areas after use.

11.2.7 Obtain written approval from the Renter for any alterations to the Room or common areas.

11.2.8 Report any accidents (e.g., fire, noise complaints, smoke) immediately to the Renter via the support phone number or email, so that prompt action can be taken to address the issue and ensure safety.

11.2.9 Be financially responsible for maintaining and repairing Renter’s property provided to the Tenant, and compensate for any damage or related expenses.

11.2.10 Return the Room and all property to the Renter by 12:00 PM on the Agreement end date, in the same condition as received, allowing for normal wear and tear.

11.2.11 Pay the Rent as specified in the Agreement and according to the terms and conditions.

11.2.12 Cover any expenses incurred by the Renter for debt recovery, including a €50 debt management fee.

11.2.13 Not transfer the Room or keys to any other person without written consent from the Renter.

12. Liability of Parties

12.1 Both Parties are fully responsible for any failure to perform their obligations under the Agreement and for any damage caused during the rental period.

12.2 The Renter is not responsible for the upkeep of the property within the Room once it is handed over to the Tenant.

12.3 The Tenant is responsible for any damage to the property in the Common-use areas.

13. Termination of Agreement

13.1 If the Tenant terminates the Agreement before its end date, neither the security deposit nor any pre-payments will be refunded. However, the security deposit and pre-payments will be refunded if the termination is due to the reasons specified in clauses 13.2 to 13.3.1.

13.1.1 If the Renter terminates the Agreement, the security deposit will be refunded to the Tenant.

13.2 Either Party may terminate the Agreement extraordinarily and with immediate effect by providing a declaration of cancellation for a valid reason as defined by law.

13.3 The Tenant has a valid reason to terminate the Agreement extraordinarily if:

13.3.1 The Renter unjustifiably prevents the Tenant from using or accessing the Room.

13.3.2 The Tenant no longer needs the Room, has found alternative accommodation, or lacks funds are not valid reasons for extraordinary termination.

13.3.3 The Renter fails to provide essential services such as electricity, heating, or water and does not rectify this within 30 days after receiving a notice from the Tenant.

13.4 The Renter has a valid reason to terminate the Agreement extraordinarily and retain the security deposit if:

13.4.1 The Tenant uses the Room or Common-use areas for illegal activities, disturbs other residents, creates noise, or breaches the terms and conditions.

13.4.2 The Tenant fails to pay the Rent within 10 days of the invoice date.

13.4.3 The Tenant’s debt exceeds the amount of one month’s rent.

13.4.4 The Tenant obstructs the Renter from exercising their rights under Article 11.2 or breaches any duties specified in that article.

13.4.5 The Tenant uses the property for purposes other than those intended or allows others to use the property without the Renter’s consent.

13.4.6 The Tenant intentionally or negligently damages the property.

13.5 If the Tenant’s behavior disrupts other residents and this is verified by a complaint to the Renter or authorities (e.g., the police), the Agreement will be terminated immediately and without notice.

14. Return of Premises Upon Termination of Agreement

14.1 The Tenant must vacate the Room on the date the Agreement ends and return it to the Renter’s representative. If the Tenant fails to do so, the Renter has the right to:

14.1.1 Enter the Room, with a witness present if necessary, to take possession of it.

14.1.2 Remove the Tenant’s personal belongings from the Room, and either deliver them to charity organizations or dispose of them within 5 days of the Tenant’s departure.

14.2 If the Tenant refuses to vacate the Room or obstructs its vacancy despite prior notice, the Renter may take legal measures in accordance with local laws to ensure the Room is vacated.

14.3 The Tenant’s obligation to vacate the Room is considered fulfilled when the Room is cleared of the Tenant and any other individuals authorized by the Tenant. The Tenant must return all keys granting access to the Room. If the Tenant fails to vacate the Room on time, they will be charged a daily usage fee equal to double the standard daily rate for each day of delay. This fee does not extend the Agreement period or create a new rental agreement.

14.4 Upon vacating the Room, both Parties will complete a move-out inspection form, which will detail the Room's condition and any changes from the move-in inspection recorded in the Agreement. This form will note all defects and deviations from the original condition.

14.5 The Renter has the right to file complaints about any defects that were not apparent at the time of the Room's return or that could not be identified immediately. Such complaints must be filed within 1 month of the Room’s return.

14.6 Any costs associated with the Agreement, including those arising from claims against the Tenant, will be deducted from the security deposit upon the Agreement's termination.

14.7 Check-out must be completed by 12:00 PM. If the Tenant wishes to check out at a different time, they must contact the Renter’s customer support in advance. An alternative check-out time may be available for an additional charge, with daily rates applying.

15. Notices

15.1 All notices, declarations, requests, claims, explanations, complaints, or any other communications related to the Agreement and its terms (collectively referred to as "Notices") must be delivered to the other Party in one of the following ways:

15.1.1 By email to the address specified in the Agreement. Notices sent by email will be considered received a second working day after the date of sending.

15.2 It is the responsibility of each Party to ensure that their contact details are up-to-date and to promptly inform the other Party of any changes to these details.

16. Force Majeure

16.1. Neither Party shall be liable for any delay or failure in performing any of its obligations under this Agreement if the delay or failure results from events or circumstances beyond its reasonable control (including without limitation any acts or restrains of governments or public authorities, war, revolution, riot or civil commotion, disasters or fire (hereinafter referred to as Force Majeure Event) provided that the party so affected shall send to the other Party a written notice within 3 (three) days of becoming aware of such Force Majeure Event giving full particulars thereof including the date of the first occurrence, the circumstances giving rise to it and an indication of the duration of such circumstances. If the period of delay or failure extends for 30 (thirty) days or more from the date of notification of the Force Majeure Event to the other Party, either Party shall have the right to terminate the Agreement forthwith by written notice.

17. Disputes resolution

17.1. This Agreement is governed by Latvian law. The Parties try to resolve all disputes relating to the Agreement and terms and conditions by a way of negotiations. In the absence of an amicable settlement, any disputes arising out of or in connection with this Agreement shall be settled by the courts of the Republic of Latvia.

18. Confidentiality

18.1. The Agreement and single terms thereof are not subject to disclosure to third parties without the consent of the other Party. The Parties must keep the information received on the basis of the Agreement confidential.

18.2. The entire information that would not have been disclosed to the Parties without the conclusion and performance of the Agreement is deemed confidential.

19. Miscellaneous

19.1 Any matters not specifically addressed in the Agreement shall be governed by Latvian law.

19.2 All terms of the Agreement are independent and separable. The invalidity of any one term will not affect the validity of the remaining terms. Except for the Rent, which cannot be amended according to this

Agreement, other terms may be modified only with the mutual consent of both Parties.

19.3 Any amendments, performance, or termination of the Agreement must be documented in writing and signed by both Parties. Agreements not adhering to this requirement shall be deemed ineffective.

19.4 Both Parties agree to promptly notify the other Party of any changes to their address or other contact details specified in the Agreement. If a Party fails to notify the other of such changes, the other Party may rely on the previous contact details when exercising rights and fulfilling obligations under the Agreement.

19.5 The terms and conditions of the Agreement are written in English. The Agreement will be executed in both English and Latvian. In the case of any discrepancies between the two language versions, the English version shall take precedence. The Agreement is prepared in two counterparts, each having equal legal force: one for the Renter and one for the Tenant.

20. Closing Provisions

20.1 By signing the Agreement, both Parties acknowledge that they have read, understood, and agreed to all the terms and conditions outlined herein. The Agreement constitutes the entire understanding between the Parties regarding the subject matter and supersedes any prior agreements, representations, or negotiations.

20.2 Any modifications or additions to the Agreement must be made in writing and signed by both Parties. No verbal agreements or statements shall alter or modify the terms of this Agreement.

20.3 The Parties agree to act in good faith and cooperate fully to resolve any disputes or issues arising from the Agreement. In the event of a dispute, the Parties shall seek to resolve the matter amicably before pursuing legal remedies.

20.4 If any provision of the Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed to be severed from the Agreement, and the remaining provisions shall continue in full force and effect.

20.5 This Agreement and any disputes arising from it shall be governed by and construed in accordance with Latvian law. The courts of Latvia shall have exclusive jurisdiction over any disputes or claims arising out of or in connection with this Agreement.

20.6 Each Party acknowledges that they have had the opportunity to seek independent legal advice regarding the terms of this Agreement and have either done so or voluntarily waived their right to seek such advice.

20.7 The Agreement is executed in two counterparts, each of which is considered an original and has equal legal effect. By signing below, the Parties agree to the terms and conditions outlined herein.